Appellate Division: Second Judicial Department

M75998

F/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-04995 The People, etc., respondent, v David F. Willis, appellant. (Ind. No. 06-00635)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

The appellant's motion for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered May 3, 2007, as a poor person and for assignment of counsel was granted on August 14, 2007. By decision and order on motion dated February 4, 2008, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert V. Tendy, Esq.

2063 Van Cortlandt Circle

Yorktown Heights, New York 10598

On the court's own motion, it is

ORDERED that former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Barry E. Warhit, Esq.

399 Knollwood Road - Suite 206

White Plains, New York 10603

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court